Kolkata Court August 1967 Judgments
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Pran Krishna Das Vs. Controller of Estate Duty, West Bengal, Calcutta
Court: Kolkata
Decided on: Aug-14-1967
Reported in: AIR1968Cal496,[1968]69ITR139(Cal)
Banerjee, J.1. This is a referenceunder Section 64(1) of the Estate Duty Act and has been made in circumstances hereinafter stated 2. One Rajendra Nath Das died on July 4, 1955, Long before his death, he executed a Bengali deed of Arpannama, on December 12, 1938 whereby he dedicated 13 items of property to his family deity known as Sree Laxmi Narayan Jiu. Two of the dedicated properties are described in the body of the deed as hereunder :- (1) 'District and Sub-Registration office Midnapore. Midnapore Municipality, Mouza Bibiganj Mohalla Sahabharangbzar, Khatian No. 512, western portion of plot No. 1876 comprising Bastu land Kt. 1-2-3 (11/8th Kt. more or less i.e. 810 sft. approximately) for which revenue of Rs. 1/4 is payable to superior landlord Sri Bhupati Charan Das and in the same Mohalla. Khatian No. 959, western portion of Plot No 1890 comprising Bastu land of 5 chhatak 15 Padika (1/3rd Kt. or 240 sft approximately) for which revenue of -/3/6/ per annum is payable to superior la...
Commissioner of Income-tax, West Bengal I Vs. Bangodaya Cotton Mills L ...
Court: Kolkata
Decided on: Aug-14-1967
Reported in: [1968]69ITR812(Cal)
K.L. ROY J. - This reference arises in the following circumstances : The assessee, Messrs. Bangodaya Cotton Mills Limited, is a company and there is no dispute that it was a company in which the public were not substantially interested within the meaning of Explanation 1 to section 23A(9) of the Indian Income-tax Act, 1922, for the assessment years 1955-56 and 1956-57, the corresponding previous years of the company being the financial years ending on the 31st March, 1955, and the 31st March, 1956, respectively. There is also no dispute that for those two years, under the provisions of section 23A as it then stood, the company had to distribute 60 per cent. of its distributable surplus as determined under that section. The Income-tax Officer found that the companys assessed profits were Rs. 4,14,669 and Rs. 5,34,366, respectively, and, after deduction of income-tax and super-tax payable thereon, the distributable surplus amounted to Rs. 2,23,491 and Rs. 3,02,824, respectively, for the ...
State of Punjab Vs. A.K. Raha (Engineers) Ltd.
Court: Kolkata
Decided on: Aug-10-1967
Reported in: AIR1968Cal152
A.K. Mukherjea, J.1. This is an application under Article 133 of the Constitution of India for grant of a certificate for appeal to the Supreme Court.2. The plaintiff-respondent filed a auit against the State of Punjab for a sum of Rs. 3,35,211/12/ for its alleged dues on a final bill for works done by the plaintiff under a contract with the defendant or, alternatively, for an enquiry or an account of what sums are due to the plaintiff company and for a decree for the sum found to be due upon such enquiry and also for recovery of a sum of Rs. 23,000 by way of damages and a sum of Rs 31,949/12/- on account of excessive deductions or overcharges for prices of materials supplied, etc.3. The defendant State of Punjab contested the suit and on 7th August 1959, P. C.Mallick, J. delivered the judgment in favourof the plaintiff in which Mallick, J. directed an enquiry as to the amount of the plaintiff's claims as made out in paragraphs 6, 7and 8 of the plaint The plaintiff's totalclaims in par...
Basanta Kumar Biswas Vs. Mihirlal Biswas
Court: Kolkata
Decided on: Aug-09-1967
Reported in: AIR1968Cal604,71CWN1044
P. Chatterjee, J.1. This is an application under Section 115 of the Code of Civil Procedure against a judgment and order passed by the appellate court dismissing an application for setting aside a sale and reversing the order of the second court of Munsif at Alipore in Execution Case No. 189 of 1956.2. This application is by the judgment-debtor. The sale in question was held on 12th October, 1955 and the petition for setting aside the sale under Section 174 of the Bengal Tenancy Act was filed on 2nd January, 1959. The petitioners' case was that they had no knowledge of the sale till December, 1958 when the decree-holder came to take possession of the property by force. The case was that all processes were suppressed; that there was fraudulent suppression of all proceedings relating to the publication and conduct of the sale and, further, that the judgment-debtor was kept out of his knowledge of the remedy available to him for having the sale set aside, in other words, the petitioner re...
Karam Chand Thapar and Bros. Private Ltd. Vs. Commissioner of Income-t ...
Court: Kolkata
Decided on: Aug-09-1967
Reported in: [1968]70ITR328(Cal)
K. L. ROY J. - The assessee is a company. Its main activity consists in acting as the managing agents of a large number of companies. The assessee held also substantial shares and securities which in its balance-sheet for the year ending March 31, 1955, were shown at cost at over Rs. 1,20,00,000. In the course of its assessment for the year 1955-56 for which the corresponding previous year ending March 31, 1955, the Income-tax Officer found that during the preceding 15 or 16 years the assessee had substantial transactions in the purchase and sale of shares. In this year the assessee had claimed a loss of Rs. 91,963 in its business of dealing in shares. According to the Income-tax Officer, the loss claimed was on account of losses alleged to have been suffered in the sale of the following shares viz., 139 debentures in Malwa Sugar Mills Company Limited (loss Rs. 646); 200 preference shares in the United Collieries (loss Rs. 4,000) and 2,500 ordinary shares in Karamchand Thapar and Sons ...
Gadadhar Ghose Vs. Janaki Nath Ghosh and ors.
Court: Kolkata
Decided on: Aug-08-1967
Reported in: AIR1969Cal59,72CWN299
Ray, J.1. This appeal is from the decree passed by Datta, J., on 15th June, 1966.2. The appeal raises an important question. The question is whether the learned Judge was right in directing sale of the premises in suit to the parties or co-owners only.3. The importance is because of certain provisions in the Partition Act 1893 and also of certain decisions of this Court.4. The premises forming subject-matter of the Suit, 24, Guruprosad Chowdhury Lane, Calcutta are owned by several sharers. The real importance of this matter is whether the Court in directing a sale under Section 2 of the Partition Act 1893 is entitled to order a sale among co-sharers only and not direct a public sale. The provisions contained in the Partition Act and which are material for the purposes of the present appeal are to be found in Sections 2 and 6 of the Partition Act. In Section 2 it is enacted as follows:'Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a de...
Badri Pr. Khemka Vs. Controller of Estate Duty
Court: Kolkata
Decided on: Aug-08-1967
Reported in: [1970]77ITR552(Cal)
K.L. Roy, J. 1. This reference under Section 64(1) of the Estate Duty Act, arises out of the assessment to estate duty on the estate passing on the death of Gourdhandas Khemka. The deceased was a partner in the firm of Messrs. Gourdhandas Badri Prasad Khemka with a ten annas share therein, the other partner being his son, Badri Prasad, who had a six annas share. On the 18th April, 1956, the deceased's capital account in the books of the firm was debited with the sum of Rs. 50,000 and two sums of Rs. 25,000 each were credited to the accounts of his two grandsons, Shri Narayan Khemka and Laxminarayan Khemka, opened in the books of the firm. On the 19th April, 1956, a deed of partnership was entered into between the deceased, Badri Prasad, Shri Narayan and Laxminarayan wherein it was recited that the gift of Rs. 25,000 each made by Gourdhandas to Shri Narayan and Laxminarayan would be treated as their respective capital contribution to the firm constituted under that instrument and that t...
Commissioner of Income-tax, Calcutta Vs. Turner Morrison and Company P ...
Court: Kolkata
Decided on: Aug-07-1967
Reported in: [1968]68ITR147(Cal)
BANERJEE J. - This reference under section 66(1) of the Indian Income-tax Act has been made in circumstances hereinafter related.The assessee, Turner Morrison and Company Private Limited, is an Indian company doing business as the managing agent of certain shipping concerns. During the assessment year 1952-53, the assessee-company used to employ five directors and during the assessment year 1953-54, one more. These persons, although designated as directors (to be more precise either as full directors or as local directors, according to their executive ranks), were, in fact, high executives of the company. They did not hold any shares in the company and had no hand in policy making. Each one of them rose by promotion from lower ranks. Their remuneration and service conditions used to be governed by separate agreement with the assessee-company. They were in no way related to the shareholders of the assessee-company, who mostly belong to the wealthy English family known as 'Turner family'...
Sahasrangshu Kanti Acharyya Vs. the State
Court: Kolkata
Decided on: Aug-04-1967
Reported in: AIR1968Cal249,1968CriLJ621
ORDERN.C. Talukdar, J. 1. This revisional application is against an order dated the 17th January, 1966 passed by Sri H. G. Roy, the learned Sub-Divisional Magistrate, Malda, in case No. 128 C of 1966 summoning the accused petitioner Sahasrangshu Kanti Acharyya under Section 228 of the Indian Penal Code and in drawing up proceedings against him thereunder.2. The facts of the case are short and ample. On a complaint filed by one Amitava Chattopadhya, the petitioner and the co-accused, one Jnanendra Mohan Misra, were summoned by Sri A. K. Mitra, Sub-Divisional Magistrate, Malda in case No. 2325C of 1965--the former under Section 323 Indian Penal Code and the latter under Section 325 Indian Penal Code. The petitioner and the co-accused, thereafter, appeared before Sri H. G. Roy, the learned Sub-Divisional Magistrate, Malda and were released on bail on the 4th December 1965. On the 17th January 1966, which was the next date fixed, the petitioner as well as the co-accused appeared before Sri...
Sardar Ajaib Singh, Calcutta Vs. Commissioner of Wealth Tax, W.B.
Court: Kolkata
Decided on: Aug-02-1967
Reported in: AIR1969Cal249
K.L. Roy, J. 1. This is a reference under Section 27(1) of the Wealth Tax Act, hereinafter referred to as the Act.2. The assessee is an Individual and the assessment year concerned is 1958-59 for which relevant valuation date is March 31, 1958. On the valuation date, the assessee was the registered holder of 650 ordinary shares of the face value of Rs. 1,000/- each in Messrs. Indra Singh, and Sons Private Limited. The Wealth Tax Officer valued these shares at Rs. 3884/- per share as on March 31, 1958 on the basis of the assets and liabilities as disclosed by the balance sheet of that company on that date. The Wealth Tax Officer rejected the assessee's claim for deduction of various amounts in computing the net assets of the company on the basis of its balance-sheet. The assessee's appeal to the Appellate Assistant Commissioner against the order of assessment failed. On further appeal to the Tribunal, the assessee contended that the levy of wealth tax was unconstitutional and beyond the...
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